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2023 Supreme(Guj) 728

J. C. DOSHI
Sangita Tobacco Industries – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prabhakar Upadyay.
For the Respondents: Y.V. Brahmbhatt, Asmita Patel.

JUDGMENT :

J.C. DOSHI, J.

1. When the matter is called out for hearing, respondent No. 2-original complainant Shri Nirmalbhai Rameshbhai Shah, Partner of Mangalam Finance is present along with his advocate Mr. Y.V. Brahmbhatt. Both the parties to the proceedings filed under Section 138 of the Negotiable Instruments Act, submit that the matter is settled between the parties and in support thereof, the respondent No. 2-original complainant files compromise pursis which is ordered to be taken on record.

2. The respondent No. 2-original complainant is present in the Court. He has been identified by learned advocate Mr. Y.V. Brahmbhatt. The complainant in unequivocal terms stated before the Court that he has received the amount of cheque and now, no grievance is remaining. He does not want to proceed further in regards to the dispute of offence punishable u/s 138 of the N.I. Act. He further submits that if the petitioner accused is acquitted upon the compromise between the parties, he has whatsoever no objection. Section 147 of the NI Act permits the party to enter into compromise at every stage of the litigation. This has been recognized by the Hon’ble Apex Court in case of Damodar S. Pra

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